Many people going through divorce have questions about alimony. What is alimony, how is it determined and how long will it have to be paid are some of the most common questions about alimony.
In recent years, several states have modified their laws regarding alimony, or spousal support, in response to mass criticism claiming that the current laws are outdated and out of touch with modern marriages and family financial situations. With this seeming wave of alimony reform sweeping the country, many Atlanta residents are wondering if Georgia will be next.
If your spouse has been ordered to pay alimony, whether rehabilitative or for the remainder of your life, you will likely come to depend on those maintenance payments for your livelihood. So what happens if your former spouse passes away or becomes financially insolvent and is no longer able to make the payments?
Alimony, or spousal support, seems like it should be very cut and dried. If one spouse is financially worse off after a marriage due to years spent out of the workforce raising children, for example, he should be granted alimony until he can support himself. However, spousal support is not usually so simple under Georgia family law.
Alimony (also commonly known as spousal maintenance or spousal support) was not even recognized under Georgia law prior to 1980. The Divorce Code of 1980 provides that alimony may be awarded by a court in its discretion "if it finds that alimony is necessary."Alimony in Georgia is not a remedy that is construed as broadly as it is in many other states, and it is far from being routinely awarded. There are no actual guidelines to determine its eligibility, nor a formula upon which a court relies to calculate a precise amount.
Georgia law provides for uncontested, no-fault divorces. Until recently, so did every other state in the country, except for one.